Dilip Yadav @ Dilif Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48896 of 2022 Arising Out of PS. Case No.-105 Year-2020 Thana- KHUTAUNA District- Madhubani ====================================================== Dilip Yadav @ Dilif Yadav Son Of Radhe Yadav @ Radhe Krishna Yadav R/O Village- Jatahi, P.S.- Khutauna, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Khutauna P.S. Case No. 105 of 2020 lodged under 272, 273, 414 of I.P.C. and Section 30(a) of the Bihar Prohbition and Excise (Amendment) Act, 2016.

As per the prosecution case, total recovery of 243.750 liter wine is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 25.04.2022 having clean antecedent. He also submits that petitioner's name has

Patna High Court CR. MISC. No.48896 of 2022(2) dt.18-11-2022 2/2 been figured in this case by the statement made by one chokidaar. Learned counsel submits that the co-accused person of this case has been granted bail by the Co-ordinate Bench of this Court vide order dated 26.05.2021 in Cr. Misc. No. 8290 of 2021.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 105 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T